Howard v. Kelsay

Opinion op ti-ie Court by

Commissioner Hobson

Reversing.

In 1919 Z. R. Howard was the owner of a brick building in Corbin, Ky. G. M. Smith owned an adjoining lot and made a contract with R. B. Kelsay to do the excavating on his lot necessary for the construction of a hotel building thereon. The excavation was so made that Howard’s building was injured, and he brought a suit against Smith and Kelsay to recover damages therefor. On the first trial of the case there was a joint judgment against Smith and Kelsay for $2,675, also a separate judgment against Kelsay for $400. They appealed to this…